Voluntary Departure

Voluntary Departure is official refered to as "the departure of an alien from the United States without an order of removal."

An alien allowed to voluntarily depart "concedes removability but does not have a bar to seeking admission at a port-of-entry at any time."

Voluntary departure is preferable to a removal order for a number of reasons:

1. If an individual is issued a removal order he or she may be barred from reentering the United States for up to ten years and may be subject to civil and criminal penalties if she enters without proper authorization. 

2. If the individual voluntarily departs within the time ordered by the court, she will not be barred from legally reentering in the future. 

3. An individual with a removal order is barred from applying for ten years for cancellation of removal, adjustment of status and other immigration benefits.

Contact Malee about your voluntary departure options.

From U.S. DOJ

Voluntary Departure – Voluntary departure is the most common form of relief from removal and may be granted by Immigration Judges, as well as the Department of Homeland Security (DHS), which absorbed the functions of the former Immigration and Naturalization Service.  

Voluntary departure avoids the stigma of formal removal by allowing an otherwise removable alien to depart the United States at his or her own personal expense and return to his or her home country, or another country if the individual can secure an entry there.  

Immigration Judges will provide aliens information on the availability of this form of relief when taking pleadings.  It is important to note that aliens granted voluntary departure must depart within the time specified by the Immigration Judge.  

Although an Immigration Judge has the discretion to set a shorter deadline, aliens granted voluntary departure prior to the completion of removal proceedings must depart within 120 days, and those granted such relief at the conclusion of removal proceedings must depart within 60 days. 

In addition, in order to avoid being penalized for choosing to appeal a decision rather than depart, the BIA usually will extend an earlier grant of voluntary departure for 30 days.  As with other forms of discretionary relief, certain individuals will be found ineligible for voluntary departure, and those granted voluntary departure who fail to depart are subject to fines and a 10-year period of ineligibility for other forms of relief.

 

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